[1992] NJ No 73 (NLSC)

In [1992] NJ No 73 (NLSC), Ms. S was convicted with making harassing calls to Mr. J’s business. Ms. S had dated a man Ms. C used to date. Ms. C worked at Mr. J’s business and would call Ms. S’ phone and either hang up or scream in the phone. Ms. S knew the calls were coming from Mr. J’s business and were from Ms. C because she would call back and the same music would be playing in the background of the business. She told Ms. C to stop calling or she would make 10 calls for every call she made. Mr. J said the calls were interrupting his business and reported them to the police. Mr. J’s phone company was able to trace the calls made to Mr. J’s business and Ms. C confirmed that the harassing calls were happening at the times that Ms. S’ phone number was traced to calling Mr. J’s business.

The trial judge did not accept computer print outs of the call-tracing procedure from the phone company as reliable evidence and held that the Crown had not given adequate notice to submit them as evidence. Ms. S was acquitted.

The Crown appealed the court’s decision on the admissibility of the evidence but the appeal was dismissed.


Criminal Offence(s): Harassing Communications